Legal Opinion

Roberts v. Coleman

West Virginia Supreme Court

Decided December 3, 1892PublishedCited by 55 opinions

I. — The. earnings of a married woman belong to her husband.- — ■ 12 W. Va. 353; 31 W. Ya. 94. II.— The deeds to the Colemans were sales not advancements. To be an advancement, conveyance must be voluntary. — -110 Ind. 444; 01 Ind. 85 ; 57 Pa. St. 401; 52 Ark. 188. 1. To constitute advancement grantor must divest liim-self of all interest in the property. — 24 Miss. 619; 111 Ind. 163; 5 Yes. 721; 10 Cent.

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I. — The. earnings of a married woman belong to her husband.- — ■ 12 W. Va. 353; 31 W. Ya. 94. II.— The deeds to the Colemans were sales not advancements. To be an advancement, conveyance must be voluntary. — -110 Ind. 444; 01 Ind. 85 ; 57 Pa. St. 401; 52 Ark. 188. 1. To constitute advancement grantor must divest liim-self of all interest in the property. — 24 Miss. 619; 111 Ind. 163; 5 Yes. 721; 10 Cent. Ilep. 415. 2. Mere inadequacy of considei'ation will not convert a sale into an advancement. — 1 Mass. 527; 4 lleisk. 209. f 3. Solely a question of intention in the grantor. — 29 Ind. 249;…

1Opinion of the Court

BraNNON, Judge:

This was a chancery suit in the Circuit Court of Jackson county by Nancy Roberts and others against Thomas B. Coleman and others for the purpose of dividing the personal and real estate owned by Thomas Coleman, deceased, among numerous children and grandchildren ; the bill alleging, that various advancements had been made to certain children, and asking, that they be taken into account *146in the division. The appellants assign and the appellees cross assign errors.

It is claimed that the court erred in allowing Raney Roberts three hundred and ninety dollars against the estate for…

2Cases cited21 opinions

  1. Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
  2. Trotter v. . HughesNew York Court of Appeals · 1854
  3. Quarles v. QuarlesMassachusetts Supreme Judicial Court · 1808
  4. Rogers v. Eagle Fire Co.Court for the Trial of Impeachments and Correction of Errors · 1832
  5. Zirkle v. McCueSupreme Court of Virginia · 1875

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3Cited by55 opinions

  1. Potts v. Mathieson Alkali WorksSupreme Court of Virginia · 1935
  2. Vance Shoe Co. v. HaughtWest Virginia Supreme Court · 1895
  3. Consolidated Gas Supply Corp. v. RileyWest Virginia Supreme Court · 1978
  4. Croston v. MaleWest Virginia Supreme Court · 1904
  5. Pickens v. StoutWest Virginia Supreme Court · 1910

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